General

Saul Weprin, as Temporary Receiver of Freston Realty Corp., Respondent, v. First National City Bank, Appellant

27 A.D.2d 672·New York Supreme Court, Appellate Division·1967·NY

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Opinion

Saul Weprin, as Temporary Receiver of Freston Realty Corp., Respondent, v. First National City Bank, Appellant. [MAJORITY] Order of the Supreme Court, Queens County, dated September 12, 1966, reversed insofar as appealed from, with $10 costs and disbursements, and defendant’s motion for summary judgment dismissing plaintiff’s second cause of action granted, without costs. In our opinion, plaintiff wholly failed to raise any triable issue of fact with respect to the second cause of action. Beldock, P. J., Christ, Rabin and Munder, JJ., concur; Ughetta, J., not voting.